PUSPA SONAR Vs. BIBHUTI PODDAR & ORS

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against an order whereby the learned Trial Judge has dismissed an application filed by the petitioner for being added as defendant in the suit.

(2.) The opposite party nos. 1 to 5 have filed a suit being Title Suit No. 101 of 2007 in the 1st Court of learned Civil Judge (Junior Division) at Sealdah for eviction of the opposite party nos. 6 to 11 from the suit property describing that the said opposite parties as licensees therein under them.

(3.) The opposite party nos. 1 to 5 in the plaint of the connected Title Suit No. 101 of 2007 have claimed that the predecessor of the opposite party nos. 6 to 11 filed a partition suit being Title Suit No. 5 of 1977 in the 7th Court of the learned Civil Judge (Senior Division) at Alipore in respect of the suit property along with some other properties. The said learned Court by the judgment and decree dated December 23, 1977 inter alia, declared that the opposite party nos. 6 to 11 have got no right, title and interest in respect of premises no. 6/1A and suit premises no. 6/1C, Cossipore Road, Police Station : Chitpore, Kolkata - 700002 i.e. how the opposite party nos. 1 to 5 are tracing their title over the suit property in the connected suit.